Civil Procedure Outline–Fall 2006
I. Overview of Procedure
a. Idea of Practice and Procedure
i. Limited Jurisdiction: Court can only hear certain types of cases.
1. Federal Courts can only hear cases arises out of a federal question of diversity cases—mandated by the Constitution.
a. §1331: Federal Question
b. §1332: Diversity
ii. General Jurisdiction: court can hear any type of case.
1. State Courts can hear ALL types of cases.
b. Where Can You Bring the Suit?
i. Hawkins v. McMasters Farms, Inc.: Creal was struck by ∆s truck and killed. Π (Creal’s estate) brought suit in federal court claiming diversity subject matter jurisdiction. ∆ moved to dismiss on grounds of incomplete diversity.
1. The court held that for purposes of determining diversity, a person is a “citizen” of the state of which they are “domiciled.”
2. Domicile is established by physical presence in a place with the intent to remain.
3. The person invoking federal jurisdiction bears the burden of proving that jurisdiction is proper. If evidence is equal, there is no SMJ.
a. §1331: District Courts have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.
b. §1332 (a): District courts have original jurisdiction of all civil actions where the amount in controversy exceeds $75,000, minus interests and costs, and is between
i. Citizens of different States
ii. Citizens of a State and citizens of a foreign state
iii. Citizens of different States and in which citizens or subjects of a foreign state are additional parties; and
iv. A foreign state and citizens of a state or different states
1. “Aliens” admitted as permanent residents are citizens of the State where the alien is domiciled.
c. Rule 12(b)(1): Motion for Lack of Subject Matter.
i. Subject Matter Jurisdiction can never be waived.
ii. Constitutional Framework for U.S. Litigation
1. U.S. Const. Art III § 1 – 2
a. Authorizes the establishment of the federal court system (“The judicial Power of the US shall be vest in one supreme Court, and in such inferior Courts Congress may ordain and establish.”) and sets the limit of judicial authority (§2).
2. Article IV §1
a. One state must recognize and enforce the judgment of another state, provided the court rendering the decision had the authority to do so.
3. 14th Amend. §1—Due Process Clause
a. No state shall deprive any person of life, liberty, or property without due process of law. (Due Process- The right to be heard).
II. Personal Jurisdiction: State’s power to have jurisdiction over a citizen.
a. The Origins
i. Pennoyer v. Neff: Π attacked the validity of a sheriff’s sale of his property to satisfy a personal judgment obtained against him when service was by publication. The court held that service by publication is not effective to confer jurisdiction on the court when the object was to determine the personal rights and obligations of the parties.
1. Substituted service is effective only against proceedings in rem.
a. In rem jurisdiction: Available if one wanted to decide the ownership of the property when in personam jurisdiction was unavailable.
b. Quasi in rem jurisdiction: to adjudicate claims unrelated to the property itself.
2. Mitchell (previous case) could not obtain a personal judgment against Π without o
i. Lack of Subject Matter
1. Can never be waived.
ii. Lack of Personal Jurisdiction**
iii. Improper Venue**
iv. Insufficiency of Process**
1. See Rule 4
v. Insufficiency of service of process**
vi. Failure to state a claim
1. Treated as a motion for summary judgment.
vii. Failure to join a party
b. Modern Approach
i. Minimum Contacts
International Shoe v. Washington: Π received notice of delinquent contributions by mail and personal service on a salesperson in the state. ∆ claimed there was no personal jurisdiction over it in Washington. The court held that physical presence is no longer necessary for service, but if he is not physically present in the territory, he have certain minimum contacts so that the maintenance of the suit does not offend traditional notions
